05-690Council File # �S� ��
Green Sheet # J� �J S c1
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
� �S
PRESE\'TED BY
REFERRED TO
COilZ�iITTEE: DATE
i WHEREAS, adverse action was taken against the City Contractor - Excavation License
z held by Andrew F. iJlwelling, d/b/a Anyway Excavating & Plowing (License ID#20040004895)
3 for the City of Saint Paul by Notice Of Intent To Suspend License dated 7une 24, 2005,
4 alleging failure to submit a current certificate of General Liability insurance with the City of
s Saint Paul named as additional insured and a 30-day notice of cancellation; and
s
� WHEREAS, the licensee did not respond to the Notice Of Intent To Suspend License to
s contest alleged violation or submit the required documents; and
s
io WHEREAS, the Notice of Intent To Suspend License stated that if the licensee failed to
i i contest the allegation or submit the required documents by July 5, 2005, that the matter would be
iz placed on the consent agenda to impose the recommended penalty; now, therefore, be it
13
i4 RESOLVED, that the City Contractor - Excavation License held by Andrew F. Ulwelling,
is d/b/a .Anyway Excavating & Plowing is hereby suspended until such time as the required
is documents are submitted and approved by the Office of License, Inspection and Environmental
iv Protection.
� Green Sheet Green Sheet
LP — ���tie/tu.ryecrion/Environ Prot � '12-JUL-05
Co�tad Person 8 Phone:
Rachel Gunderson
266-8710
Be on Council qqenda
Green Sheet NO: 3027353
� Deoartrnent Sent To Person
0 'cease/In ection/Environ Pro
ASSign 1 icense/In edion/EnvironPro De artmentDirector
Number 2 tt e
For
ROUting 3 a or's OiLce VIa odASSistant
p�def 4 uncil
5 ' Clerk �.l' Cluk
ToWI # of Signature Pages _(Clip All Loptions for Signature)
Approval of the attached resolution to take adverse action against the Ciry Contxactor-Excavation License held by Andrew F.
illwelling, d/b/a Anyway Excavating & Plowing (License ID#20040004895) for the City of Saint Paul.
itlations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civii Service Cemmission
oS-�9a
Green Sheet Green Sheet Green Sheet Green Sheet �
Must Answer the Following
1. Has this�person/firm ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this person/5rm possess a skill not normally possessed by any
curtent city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to submit a current certificate of General Liability insurance with the City of Saint Paul named as addirional insured and a
30-day notice of cancellation.
Advanta9eslfApproved:
License suspended as recommended by the Office of LIEP.
DisadvanWges IfApproved:
None
Disadvantages If Not Approved:
License notsuspended.
TMaI Amount of
Transaction:
Funding Source:
Financial information:
(Explain)
CostlRevenue Budgeted:
Activity Number:
. �468°3t'Ch �;8f1t2P
JilL 19 2005
�
(
05 -�90
OFFICE tir'THE CI1yA1TORNEY
MmarelJ. Cervuntes, CiiyAnomey
CTTY OF SAINT PAUL �;,,;,��
�l' 40QCiryHa11 Teleohorre:65I266-871D
� ISWestKeIIo,qgBHd Facsimi]e:65129�5619
� SabnPmd, M'mnesota 55102
i
3une 24, 2005
N01TCE OF INTENT TO SUSPEND LICENSE
Andrew F. Ulwelling
Anyway Excavating & Plowing
1331 Case Avenue, Building #1
St. Paul, MN 55106
RE: City Contractor - Excavation License held by Andrew F. IJiwelling, d/b/a Anyway
Excavating & Plowing for the City of Saint Paul
License ID #20040004985
Deaz Mr. I7lwelling:
The Office of License Inspections and En`vironmental Protection has recommended
adverse action aga'vLCt the City Contractor - Excavation License heid by Andrew F. Ulwelling,
d/b/� Anyway Excavating & Piowing for the City of Saint Paul. The basis for the
recommendation is as follows:
On Apri16, 2005 you were sent a letter from the O�ce of License,
Inspections and Environmental Protection requesting a current cert'�f'icate of
General Liability insnrance for the covera¢e period of March 18, 2005
throu¢b March 18, 2006 with the City of Saint Paul named as an additional
insnred and a 30-day notice of cancellation
I'ou were given until April Z0, 2005 to submit tlie requested in£ormation. As
of today's date, the information has not been received.
The Office of LIEP will recommend a suspension of your license unfil such tisne as the
information requested has been received.
AA-ADA-EEO Employer
�
Anyway Excavating & Plq� ig
June 24, 2005
Page 2
At this time you have three options on how to proceed:
�
D S - 69d
1. If you do not dispute the above facts but wish to continue to do business in the
City of Saint Paul, you may submit the necessary information to the Office of
License, Inspections and Environmental Protection at 8 Fourth Street Fast, Suite
200, St. Paul, Minnesota 55101-1002 no later than Tnesday, Jniy 5, 2005. All
Information should be directed to the attention of Christine Rozek.
2. If you do not dispute the above facts, but wish to have a public hearing before the
Saint Paul City Council, you will need to send me a letter with a statement
admitting ttie violarion and requesting a public hearing. We will need to receive
your letter by Tuesday, Jnly 5, 2005. The matter will then be scheduled before
the City Council for a public hearing to determiue what penalty, if any, to
impose. You will have an opportunity to appeaz before the Council and make a
statement on your own behalf.
3. If you no longer wish to do business in the City of Saint Paul, you may send a
written statement to that effect to the Office of License, Inspections and
Enviroxunentai Protecrion, 8 Fourth Street East, Suite 200, St. Paul, Minnesota
55101-1002 no later than Tuesday, July 5, 2005. Information should be directed
to the attention of Christine Rozek.
Please let me know in writing no later than Tuesd'ay, July 5, 2005, how you would
like to proceed. If I have not heard from you by that date, I will assume that you are not
contesting the facts of the violation. The matter will then be scheduled for the St. Paul
City Council and placed on the Consent Agenda during which no discussion is allowed
attd your license will be suspended.
If you ha�e any questions, feel free to call me or have your attorney call me at 266-8710.
Sincerely,
���
Rachel Gunderson
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
AA-ADA-EEO Employer
OS- 690
�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
�
AFFIDAVIT OF SERVICE BY U.S. MAIL
MEGHAN McGIVERN, being first duly sworn, deposes and says that on June 24, 2005, she
served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and conect
copy thereof in an envelope addressed as follows:
Andrew F. Ulwelling
Anyway Excavating & Plowing
1331 Case Avenue, Building #1
St. Paul, MN 55106
(which is the last known address of said person) depositing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
5ubscribed and swom to before me
thi�24th�ay of 7une, 2005.
Public
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